SZQCG v Minister for Immigration and Citizenship

[2012] HCASL 30

SZQCG
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2012] HCASL 30
S375/2011

1. The applicant is a citizen of the People's Republic of China.  The Refugee Review Tribunal ("the Tribunal") upheld a decision of a delegate of the first respondent refusing the applicant's application for a protection visa.  The applicant claimed to fear persecution on grounds of political opinion by reason of his public opposition to corruption among local leaders of the Communist Party and by reason of disputing the compensation offered for the compulsory acquisition of his property.  The Tribunal rejected these claims on credibility grounds in that his evidence was vague, confused, highly implausible, inconsistent or belated.

2. The applicant sought judicial review from the Federal Magistrates Court (Emmett FM).  She found that the Tribunal had not fallen into any jurisdictional error. 

3. The applicant appealed to the Federal Court of Australia on merits grounds.  Katzmann J dismissed the appeal.  She found that the Federal Magistrates Court had been correct in not identifying any jurisdictional error.

4. The applicant applies for special leave to appeal to this Court.  The draft Notice of Appeal contends that the Tribunal had failed to take all the applicant's claims into account.  None of the documents filed in support of the special leave application identify what the claims not taken into account are.  The application has no prospects of success.

5. The application is dismissed.

6. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

   J.D. Heydon  V.M. Bell
   29 February 2012